
A:iA 



OFFICIAL DOiSTATION. 



REPORT OF J. N. ARNOLD, 

COMMISSIONER TO INQUIEE INTO THE PRESENT 

CONDITION OF THE GOVERNOR BENEDICT 

ARNOLD BURIAL PLACE, AND 

THE TITLE THERETO. 

MADE TO THE 

GENERAL ASSEMBLY 



JANUARY SESSION, 1901. 
LIBRARY OF CONGRESS, 

RECEIVED 

OCT 14 1901 

DMSMN OF DOCUMENTS. 



PROVIDENCE : 

E. li. FREEMAN A SONS, STATE PKINTERS. 
1901. 



MnU of §\mU ?j$laml and grovirtcnrc iMantation$. 



^ ) 



liEPORT OF J. N. ARNOIJ), 



C0MMIS8I0NE11 TO INQUIRE INTO THE PRESENT 

CONDITION OF THE GOYERNOR BENEDICT 

ARNOLD BURIAL PLACE, AND 

THE TITLE THERETO. 



MADE TO THE 



GKNERAL ASSEMBLY 



AT ITS 



J AM ARY SESSIUX, 11)01 



PROVIDENCE : 

E . L . F R E E 51 A N & SONS, STATE PRINTERS. 
1901. 






11 



REPORT 



'L\> His Excellency the Goi^evitor and Hunoiuible j\lenihei\s of the 
iieneral AssenMy. 

May it Please Your Honors :— Agreeable to a resolution passed 
Juue 13, 1900 (see Appendix A), the governor was requested to 
name a judicious person whose duty it should be to incpiire into 
the present condition of the burial place of the first governor of 
Rhode Island and Providence Plantations, with such other facts 
as may be thouglit pertinent connected therewith, and re]>ort the 
same to the next January session of the General Assembly, that 
approi)riate action may l)e taken thereon. 

Agreea])le therewith the governor was pleased to name the 
undersigned the said "judicious person," which pleasing duty he 
has performed carefully ; and the recommendations he makes, and 
suggestions, are no reflection on any persons wdio are striving to 
still deface and blot out this sacred spot. He has framed his 
remarks as carefully as he thought the sul)ject would bear and 
yet give the full facts in the case without any concealments so far 
as such facts have come to his knowledge. 

Governor Benedict Arnold (your commissioner thinks) deserves, 
in view of his great and distinguished public services, a fitting 
recognition at the hands of the i)eople whose cause he so ably 
defended in his day. 

Therefore your commissioner has given a brief sketch of his 
life and public service, and much more can be had, if it were 
needed, to more fully establish the fact that he was the great 
leader and the ablest man in the c<jlony in his day. Beyond the 



4 RrrtTAT- I'LVCE (1F BENEDICT Al{XOI,D. 

sliadow of a douial lio was the cliioftaiii, tlio l.uildor, and tlio pre- 
server of the cohniy. With such a record to his credit, and with 
a view of doiiijj- justice to his memory and doinij- it in sucli a way 
as Avonhl he aoreeahh^ and ph'asiny' to hims(df if we couhl learn 
liis wishes in the matter, your commissioner, knowini;' a usual 
custom of tliose days, examined liis will; and therein he dis- 
covered the governor's wishes, so far as his burial lot is con- 
cerned, which he again referred to in his codicil, which matter he 
submits here iu its entirety : 

Extract from Gorerrtor Aniold's iriU, ilotcd Derenihcr :-^',, 7(177. Ap)>rnretl 

Jnhi J, in7S. 

" iMiT-tiMis. And ill tlie lirst ])laci' I liavin.tj: full assiiraiioe of tlir iiiliuitt- 
mercy of my Alnii^lity Creator unto my soul do cliccrfully and willingly 
recommend ye same into his blessed hands from whom 1 received it and 
l)y wliose grace are made willing to wait his pleasure for my change from 
this transitory life unto a life hi and with himself eternally, and my body 
unto ye earth from whence by ye Almighty power and decree of ye same 
God it was taken willing and appointing that after my decease my body 
maybe decently interred by my executors hereafter in this writing named, 
and ye charge of ye said interment to be defrayed out of my personal 
estate. 

"My body I desire and appouit to be buried at ye northeast corner of a 
parcel of ground coutahung three rods square being of and lying iu my 
land in or near ye line or path from my dwelling house leading to my 
stone built windmill in ye town of Newport above mentioned the micUlle 
or centre of which said three rod square of ground is and shall be ye tomb 
already erected over ye grave of my grandchild Damaris (louldiug there 
hurled oil ye fourteenth day of August l(i77. And 1 desire that my dear 
loving wife Damaris Arnold after her decease may be buried near unto me 
on ye south side of ye place aforesaid ordered for my own interment and 
1 do order my executors to erect decent tombs over her grave and my 
grave in such convenient time as it may be effectually accomplished ; and 
further I do hereby solemnly prohibit ye selling or otherwise disposuig of 
the said three rod square of ground or any part thereof, but that it be 
wholly reserved for the use of my kindred relations, for so many of them 
as shall please to bury their dead in the saul ground, and therefore do 
order and appoint that they shall have from time to time on all occasions 



KEPOHT OF COMMISSIONER. 5 

to and from ye said ImryiiiL;- untuiul Irt'c t'tivcss and rci-n'ss wit Imiit any 
iiKdestatioii rroni any tiiat sliall succt-pd lo liic land almut it." 

K.rtrart frnm the t'odu-il, (Idled FchriKd-i/ 10, I<i77-S\ Approred Jnh/ 1, 

.li::s. 

"I, lU'iiedict .Vrnold, abovcnuMit ioncd. Senior, liaving- by ye ,i>-ood f>'nu'e 
and favor of (iod, had my days ienstiiened unUt this time, in wliich time 1 
ha vino- considered more matnrely of some eircnmstances in my above said 
will and beiny and rcmainiiiLi thronnh hisjiracc in reasonable nndcrstand- 
ino- ;unl perfect memory do lind it neeessary for ye regnlation explanation 
and eonlirmation of my said hist will and testament. 1 add as followetli 
as to ye place above appointed for my internn'nt being' at ye north east 
corner of ye three rod sqnare appointed for a, Inirying place abovesaid. I 
do order and appoint that T and my wife may be bnried in ye three rod 
sqnare as near as conveniently may l)e at the end of the tomb there erected 
on my grandchild Damaris (lonlding's grave abovesaid myself on ye north 
and my said wife on ye south side of me, and that my kindred relations 
may as they die l)e buried at convenient distance round alxiut said grave." 

Your commissioner calls sjiecial attention to tins clause in the 
o-overnor's will : "I do lierehy solennily proliil)it ye sellina' or 
otherwise disposing- of the said three rc^ds scpiare of ground or 
any part thereof but that it shall be wholly reserved for the use 
of my kindred relations for so many of them as sliall please to 
bury their dead in the said g-round and do order and appoint that 
they shall have from time to time on all occasions to and from ye 
said burying- ground free egress and regress without any molesta- 
tion from any that shall succeed to the land about it." 

These words can be reduced to this one simi)le sentence: "I 
wish my burial i)lace to forever remain as such, and not to be 
used for any other purjiose, or molested by any who shall in 
future own the land or occupy the laud about it." 

The g-overnor being- so decided, Ave think his wishes should have 
g-reat weig-ht in the minds of the meml)ers of the present General 
Assembly, and that his wishes should be respected so far as pos- 
sible in all matters pertaining thereto. 

The next point to make clear is to show how the Assembly can 



6 lUHIAL I'LACE OF BENEDICT ARNOLD. 

act, and wliat business they have to do so, without let or liiud- 
I'ance, and entirely within the form of law, equity, and justice. 

The niend)ers of the General Assend)ly are familiar with the 
facts that duriiii;' the three years of the time of the Ilevolution, 
December S, 177(), to Octc^ber 25, 1771), Newport was occupied and 
garrisoned by a large British army, at one time near 8,000, and 
at no time under 4,000 men ; that after the evacuati<m the Tories' 
estates were confiscated to the use and benefit of the State ; that 
among others the Bannister estate was then confiscated and sold, 
and tliis estate devoted to the benefit of Colonel Angell's regiment, 
which facts appear in Apj^endix B, to which we beg- leave to call 
your attention. 

In this place we insert the action of the General Assembly 
therein. In the plat and in the report the burial ground is 
reserved, and is so stated distinctly, with also a right of way 
thereto from the street. 

As the act of confiscation has never been abrogated by any suc- 
ceeding action of the General Assemblj^ — as this has now stood 
for more than a century — it logically follows that the State has 
had undisputed possession this length of time. There is no escape 
from this conclusion. 

It now remains to prove that this property has so remained to 
this day. While not in strict chronology, what logically now fol- 
lows is to show first how the x^i'esent proprietors themselves regard 
it in official and public utterances. For this purpose w^e have 
procured copies of the two last deeds of the ]»roperty, which are 
here shown under Appendix C. 

Here, in the deed of October 29, 18G3, of Capt. Littlefield and 
wife to Gov. Van Zandt and wife, it is distinctly stated : 

" Provided iilways tliat none of tlie preceeding covenants sliall extend 
to or in any manner iiielude as warranty or indemnity as to the title of 
the burial i^ronnd and riiiiit of way thereto included within the above 
bounds." 

Ag-aiii, in the deed April 12, 1890, of Gov. Van Zandt and wife 
to Jolin D. Johnson, it is distinctly stated : 



RErOKT OF COMMISSIONER. ( 

" Excepting and Provided however that none of tlie foregoing covenants 
and no words hi this deed shall in any nianner include or imply any war- 
rantee or agreement of indemnity as to the title to tiie burial gronnd and 
right of way thereto wliich are included in tlie property here in l)efore 
described and conveyed." 

These two admissions in these two deeds acknowledge that 
these men had no right to the burial ground and way thereto, 
although it was included within the, bounds they conveyed : so the 
title, or at least the control, of the burial yard has remained in 
the hands of the State ever since the act of coniiscation, and has 
been so recognized. 

Gov. Arnold was l)uried here in June, 1078, and he says in his 
will that there had been a l)uri<d there Ijefore him, of his grand- 
child Damaris Gouldiug, on the 14th of December, 1677 : so this 
spot has been a liurial ground now for near tAvo and a quarter 
centuries. This being clearly proven, it now remains for those 
who claim that it is a damage to the sale of their i)roperty to show 
that they improved and so l)uilt on it that this yard was a nuisance 
thrust upon them. This cannot be shown under any conditions — 
on the contrary, the parties buying have known the yard was 
there, and they accepted the fact when they purchased. 

It is a sad thing, it is true, to see a burial yard neglected and 
suffered to run to waste. It does not look well, in a community 
that boasts of Christian civilization, to allow such indiiferences. 
The course of the city of Boston in making a private park with 
closed gates of special cemeteries is eminently proper and com- 
mendable, and it should be a public law to so treat our oldest 
burial grounds l)y the various cities and towns of our State. That 
the present condition of the governor's last resting place does not 
flatter our Christian boasts stands confessed. It has long been to 
me a puzzle — a man so eminent as the governor was ! — that his 
memory should be so neglected, while men who did not ])erform 
a tithe of what he did have been so much more honored in their 
memory. 

It is an admitted fact that something ought and should be done 



8 luiUAL i'].A(K OF i;i:nkj)1(T ai;n()L1). 

in the premises, by way of au improvemeut. The question at issue 
cau take on two courses. 

Mr. Johnson and Mr. Burlinijhani wonkl no (h)ubt aureo that 
the l)est thing- to do wouhl be to remove them elsewhere, and then 
provide such care and protection as may be thought proper. The 
other course to take woukl be to improve the yard where it is, and 
provide therefor per])etual care and ])rotection. 

It is clear to every well-informed person that, a jilat of ground 
g-iveu for g-eneral burial purposes and accepted as such by those 
who l>ury the deceased friends thereon, soon there are many heirs 
to that identical plat and more ^particularly to the various divisions 
into which the original lot had been divided for this purpose. In 
time these heirs become scattered, and various questions connected 
with the burials become lost Avith the time that has elapsed since 
these burials were made. 

That every descendant of the governor who may so wish can be 
buried in this yard, if he so desires and his surviving relations 
gratify his last wishes, is clear from the g-overnor's w(jrds as re- 
corded in the will. 

If this lot now is to be abandoned, how is a proper title to Ije 
g-iveu ? The State has respected so far the governor's wishes as 
to reserve it, and, so doing, has acknowledged that it is the private 
property of the governor's heirs undivided. The constitution ex- 
pressly forbids the taking of ])rivate property except for i)ublic 
use, and not then without just and full compensation therefor. 
A piece of property lying- as this does cannot l)e said to l)e in need 
of a pul)lic condemnation for the pul)lic good ; if the constitution 
is respected in any wa3", this cannot be done under any form of 
law. 

It is im])ossible to give a good and warranted title as our laAV 
stands to-day, and it cannot be g-iven without violation of the 
g-reat constitutional safeg-uard throAvn around the i)rotection (jf all 
private property. 

The descendants of the g-overnor now living- have their own 
peculiar views and wishes ; many of them probably care not a par- 



REPORT OF OOMMISSIONKI!. 9 

tide about the matter ; others have ]iior(> sacred re^-ards and would 
feel deeply woiiuded at further desecration of this to them sacred 
spot. That the yard has been long- neglected is confessed— that it 
is not right to allow, under a technicality of law, or insist upon, an 
eyesore being- inade to the commendable improvements about it. 
The place should be broiight to a grade and condition more in 
harmony with the surrounding- conditions than they now are. 

The problem is to so adjust matters as to i)lease all parties, and 
yet not show any prejudice or dishonest leaning- towards Mr. 
Johnson and Mr. Burliug-ham. 

The land is not theirs is confessed by the deeds above shown. 
The laud should be improved is certain. It should no longer re- 
main in its present condition. It is now of interest to show hoAv 
long- this agitation has been ke])t up, which, l)y the way, has led 
to cousideral)le bitterness. Away back in the 183()'s the case was 
up, and a stern order came from the governor's heirs to keep hands 
off. At the October session (1838) of the General Assembly the 
following- act was passed : 

"An Act in Addition to 'An Act to rRKVp:NT thk \'ioj.ation ok tiik 
Sanctuary of the Df;ai).' 

" Be it eiiK.rtcd h;/ flic (Jcnerol ^Vs^ciahhj asfdlloirs : 

" Skction 1. Hereafter it sliall not be lawful to locate or coiistvuct any 
raih-oad, canal, turnpike road, liit^liway or public easement wliatsoever, in, 
upon or through any grave, graves, or enclosures used or appropriated 
for the burial of the dead, without the consent of the proi)rietor or pro- 
prietors thereof, and in case such place of buiial Ixdongs to or is used l)y 
the inhabitants of any town, without tiie consent of the town in which the 
same is situated. 

">Skc. 'J. If any person siiall wilfully disturb, mutilate, deface, injure, 
remove or cover over by euibaukuient or otherwise any tomb, monument, 
grave-stone or other structure placed or erected to the inenioi-y of the dead, 
or any fence-railing or other curb or tree or trees, slirul) or shrubs for tiie 
protection or ornament of such tomb, monument, grave, or other struc- 
ture consecrated to the memory of the dead, he shall be liable to the pen- 
alty in this act provided. 



10 



i',ri;iAi, I'LAcr. of nFAEmrr arnot,d. 




>.ci 



S 



! 



'A 




^ 



RErORT OF COMMISSIOXl'.i;. 11 

"Sec. 3. Every person offending- against tlie provision of tliis act shall 
be liable to be indicted therefor before any court of competent jurisdiction, 
and to be sentenced to a line not exceeding one thousand dollars and to be 
imprisoned not exceeding six months, one or both at the discretion of the 
discretion of the court."— .lc?.s and lie^^olre^—OcAoher Session, 1S.18, },. .','J. 

This act, iu its oeneral features, is law to-day. The tiuos and 
terms of imprisounieut may have changed, and procedure of court, 
but no one will deny that it is not a grave offence at law to dese- 
crate a l)urial ground. 

The reason we insert the above act is to prove that there was an 
intense bitterness raised over the desecration of this yard in this 
town at this time. 

We find that the church society holding said building on ad- 
joining property petitioned for leave to close the lane way, or path, 
from the street to the burial yard. The Assembly granted the 
request on condition that the same width of path slionld be 
opened from tlu^ other street, which we understand the society 
did. 

At this time it will be noticed the General Assond>ly acknowl- 
edged their custodianship over the property, and that the act of 
confiscation, so far as this lot was concerned, was not in any way 
affected by it. 

The desecrators, therefore, were silenced, and tln^ matter was 
dropped. 

In the 18r)()'s it was again \\\^. H<^re a new and more serious 
matter entered into the (piestion. We understood, from our inter- 
views with those knowing of the matter, that Captain A. N. Little- 
field went so far as to secure a lot in the Newi^ort cemetery "new 
ground," and removed there secretly a part of the int(u-ments in 
this j^ard. 

Dr. David King heard of it, and interviewed the captain on the 
sul)ject. The gist of the doct(n-'s interview was to tell the captain 
that he had twenty-four hours to place the remains back where he 
took them from, hi a careful and workmanlike manner. If it was 
not done, then he must meet an action of law to test the burial 



12 



lii i;iAL I'LAci: or kf.nkdkt aj;n()1,J). 



*'9^' 




s..uf 






ijf 









X. 



[■ 



offl^eZ /^^„^ Z^;u7»e. 2.jSaytd SciSenoe, JTeu^/oor^ .tj/ 
S recorded ax y^a^/e 2/s ' 



ItF.TOTiT OF COMMISSTOXKI!. 13 

(loH(H'v;itioii act, and that lie slionld most lirinly insist tliat tlio 
spirit of tli(^ laAv be vindicated. 

As the doctor was one of those men -wlio liad no "yes" wlien lie 
said "no" in his makeni), tlie cai)tain conclnded tliat discretion 
Avas the hest i)art of valoi' and oheyed instead of ^ivinn- (n-ders. 
The d(K'tor, so h)nii- as lie lived, insisted on the sanctuary of the 
i^round. 

Gov. Van Zandt made a ]ioem on the matter, which was ])nb- 
lished at this time, and which has been republished in the Neir- 
j)i>ri Merctiry of December 22, 1!H)0. It is very sarcastic; and cut- 
tino- in its personalities. It no (hni])t shamed those a,o-ainst whom 
it was directed to obey the law in such matters provided better in 
the future than they had done in the past. 

At this time (1858) Major Cliace, of Providerrce, was interested 
in the matter, and requested Dr. Henry Jackson to inform him as 
to the couditicni of the gravestones in the yard. The doctor 
answered the note as follows: 

"Major .John 15. Chact: : 

"Jf// Dear ,So-;— The Arnold liurial Croinid, I am inl'ovmed, was at one 
time mncli larger than tlie original three rods square, and if so, it is possi- 
ble that your ancestors' graves were among those which do not now exist. 
The following is all I find, viz.: 'John, the son of Jolm Chace, Esq., and 
Ann, liis wife, died j^fovember 17tli, 1745, aged 19 years.' 'Ann, the wife 
of .Tolm Chace, Esci., and daughter of Benedict Arnold, Gentleman, and 
granddaughter of Benedict Arnold the first Governor of the Colonial char- 
ter of l()r.;^~4 of R. I., died Xovember 2S, 17(iO, ^Et as G;5 years.' I have not 
obtained the above without carefvil research, and it is all that remains 

there. 

"Yours truly, as in isif), 

"(Signed) IIEXKY JACKSON, M. D. 
"Xewi'ort (Pi. L), January 22, 18r)S." 

In this connection I have been at pains to ascertain what is 
there leo-ilJe to-day, and here is the result. A friend of mine 
sent me the followino- copy and data from the present mennnials 
in the vard : 



14 



JUllIAL I'LACK OF I'.ENEDKT ARNOLD. 



•^datofaJug^estioTifor 
a Me7norLaL to 

^„J7^ OoudrnorJrnold. 




Qj6ree6. 



1. j&ine of Graves 

2. '^iuroa.7 of {/lose rcmoye.'S, 
anT) />roii^ki ha,c-lL 

•2- ■ Svie fr Memorial . 
♦ - X(issa(fe io t/re Sireet 
'5. ^Ya c efor JlitmorL a? tf 

t/iii land ciulo Ik- purcJiased. 



^.•^^nfuJiO. del . 



No 



MEI'Oli'r OF COMMISSIONKI?. 15 

" Li.-^t of JS'diiies oil, Stotie.^r ill the Arnnhl Hiiriol L<it on Pcllidiii SI. 

"'Tliomas Pelham son of ('apt. Hdward I'dliaiii and Freelovc liis wife, 
wlio (lied May 14tli, 1724, in the ;38tli year of iier age.' 

"• Here lies interred the body of Benedict Arnold of Newport Contlc- 
nian. He departed tills life July ye 4 Amio Domini 1727 in ye .'S(> year of 
his age.' 

"'To the memory of John Banister son of John and Ilermioni Banister 
wiio died Nov. 10, 1807, in the ;j;;d year of, his age and .' 

"'Cliristiana liis wife, daughter of Isaac and Penelope Stelle, wlio died 
Dec. 18th, 18:50, in the 8;3d year of her age.' 

" 'In memory of John Isaac Stelle who departed this life May 4tli, A. 1). 

17(i;'>, in tlie 49tli year of his age. '■ — his great benevolence and Honesty 

of Heart, added to an uncommon cheerfulness and evenness of 'I'eniper, 
acquired for him while livhig the esteem of all wlio knew him, affords his 
friends tlie well grounded liope tliat he now enjoys a liappy iiniiKnlality.' 

'"In memory of John tlie son of Jolm Cliase Es([ : and Ann liis wife, 
wlio died Xov. 17th, 174.3, aged 10 years.' 

'"Here lies entombed a youth devoid of (iuilc, much loved in Xewport 
& Rliode Island, happy if he ' 

"There are others which cannot be deciphered." 

Since the death of Dr. Kinij', Dr. Tiuiuir, and several (jthers 
who insisted on the sanctuary of the yard, those who wished to 
tlespoil have again commenced operations. 

A pLau was matured to have the city committee of the burial 
qrouuds and parks so interest themselves as to remove these 
remains, at the expense of the city of Newport, to some other 
yard. This j^lan worked well for a season ; but some of the family 
descendants having- raised the (piestion as to liow tliey projiosed 
to dispose of the lot, it Avas advanced that the lot was so small as 
to 1)6 practically worthless, and would briuo- at the most but a very 
small sum — not enoiig-h to sfo to the expense of selliuq- and deed- 
ing- it ; further, the land, once abandoned for such purpose, 
reverted to the adjoining owners. 

In brief, the ]ilan was to iulluence the Newport city authorities 
to clear the grounds of incumbrances at the city's expense, and 
thus add near 3,000 feet of land surface to adjoining owners. 



IG JUIilAL I'L.U'E OF KENEDK'T AILNOED. 

This fine scheme was seen throug-h by both the city committee 
and interested members of Governor ArnokVs family. The (ques- 
tion of hind title was at once raised, as well as the sanctuary of 
the place. These (questions were of such a nature that the city 
committee, as now to further i)iish matters would lead to serious 
trouble, let the matter lapse. Since this time the place has been 
used as a dump place for waste and a back -yard catch-basin. The 
riiilit of way thereto has been closed, and your commissioner him- 
self was halted and ordered back to the street when he wished to 
visit the spot a few months l)efore his appointment to this task by 
the g-overnor. He had nf) words with the sentinel further than to 
tell him that as a living- mend)er of the governor's family he in- 
sisted as his right that the law gave him, and which right has 
never yet been refused. After which no further words passed. 

By the maps here included will be seen the nature of the lots 
which the text in another portion of this report explains. (See 
apixMidix). 

AVe n(Av beg leave to draw our conclusions and suggest rec- 
ommendations, after a careful and painstaking study and mature 
deliberation; Avell knowing that Ave cannot please everyone the 
most directly interested, yet thinking that by pursuing a middle 
course the matter can be reached upon an ecpiitable and just 
basis. 

It is certainly clear the governor wished this lot to be dedicated 
to burial purposes and not to be sold. In view of the fact of his 
great and distinguished services, and what he accomplished for 
i\u\ good of his people, it certainly looks that, if we in this 
case follow customary usages, and honor distinguished services in 
other cases, we should let the usual custom govern here also. 

The State is so placed that it can act without hindrance. The 
right and most proper thing to do is to ]nirchase so much of the 
front lot as to make up the width of the burial yard to the street ; 
and ujion this, near the street, i)lace a memorial. How much this 
land would cost we have no means of knowing, but think a i>rice, 
say $8,000, might be placed upoii it under the peculiar circum- 



REPORT OF COMMIRSIOXEi;. 17 

stances of the case aud the rehitioushi]) of the owner to the wisli 
of driviii.i;- away the burial yard. 

If this is not practical, tlien the next l)est thinj;- is to erect a 
snital)le granite cnrl) with an iron fence on it aronnd tht^ lot, with 
a .i>-ate at the lane entrance, and then o-rade the lot and lay a hard 
path in the lane to the said burial yard. I did not consider it a 
part of my duty to g-et estimates on such a job, but I think that at 
an expense of say one thousand or fifteen hundred dollars the 
yard could be placed in a very presentable condition : aud then a 
small expense for painting- the fence and keeping the lot in condi- 
tion will be all that is needed, as it is so very small. 

I would say here that I have such overtures from mend)ers of 
the family that, if the State will once assume perpetual care and 
take actiou in the premises, they will provide a sum of money 
where interest will be ample for the said perpetual care. 

Mr. Olney Arnold 2d has written me that he will see that the 
inscribed stones are fixed and cleaned, and the undevpining prop- 
erly put in order at his own expense. This gentleman has given 
me practically the same answer as other members have when I 
have asked them Avliy they have not taken action in the matter as 
it is. They say the confiscation act confused them. I assured 
them it left the l)urial yard untouched and not meddled with in 
the least. While they admitted the strong point taken, they 
would like to have a view from the General Assembly on the 
matter after the case was laid before them, which your commis- 
sioner is pleased to do. 

To the question as to the cost of a memorial at the cost of the 
State, the ju-ice is unlimited ; l)ut it looks proper that a memorial 
of a public nature there erected should 1)e in harmony with the 
size of the lot. A memorial, I think, the size of the one erected 
in the Joseph AVilliams' lot at Eoger Williams Park would be in 
strict harmony with the size of the lot. If I am right in my 
memory, this cost about $500. 

The State is fully justified in appropriating as much for this 
distinguished governor's memory as it has ever appropriated to 

3 



18 lU'RlAL PLACE OF BENEDICT ARNOLD. 

the meiuorv of any otlior son. Greene and Williams have each a 
statue in marble at Washing-ton, costing-, if I am right in memory, 
120,000. Burn side memorial on Exchangee place. Providence, cost 
far more, with a handsome dedication ai)i)ropriation thrown in. 
Perry had a handsome memori;d placed to his memory by the 
State, at Newport, in 1828. 

Without subtracting- one iota from these men's fame, and fully 
ag-reeing- that it was Avell earned, yet they only emphasize the fact 
that our first g-overnor is in every way their equal and in every 
way fully as deserving- : so it is only a duty to be done that has 
been too long neglected. 

There slunild l)e something like this placed ui)on the memf)rial : 

Within this Enclosure Lie the Pvemains of 

William Arnold 

L5y7-1676 

Author and DkfkndLr of ^Soul J.inKRTv 

Also iiis Son 

Benedict Arnold 

1G15-1G7S 

First Governor under the Charter 

The Builder and Pi:kservei: of the Colony 

EXI'LANATION of the I'LATS. 

No. 1 is a i)lat of the grinHid in 1747 which shows the meetiug-- 
house and a right (^f way of 11 feet wide on the east side to the 
burial ground. 

No. 2 shows the committee's division in March, 1784, where one- 
half of the property Avas confiscated. The burial yard here is 
excepted. 

No. 3 is a plan of the suggestions as outlined by your commis- 
sioner. 



REPORT OF C'0:\rMTSSIOXKl^.. 



li) 



No. 4 is tlie letter seal of the o()voriior wliicli ^ives the orio-iu 
of our State seal. The ilrawini:- is from the original seal now in 
existence. 




Pac SIMILE OF THE 5eAL 

ofGOV.AR/^OLD. 

The riR.5T Oovee/mor_ 

■U/SDER THE- ChAR-XEtF^ 

AE5«S0W/1 DEL. C3-l7-'0' 
No. 4. 



FINAL IVrATTER. 

As we have understood it, ahout 1840 the church people wished 
to close the way to the burial ground and petitioned the General 
Assembly for leave which was granted on conditions they open 
another passao-e of equal width to the street. This is referred to 
in the two deeds given in Appendix C. 

The fence that has protected the yard has disappeared years 
ago. A rul)l)ish heap is now on one side of the lot, an importer 
of fancy articles has made use of the lot as a place of deposit for 
boxes and waste matter in his business. The rig-ht of way to the 
lot is now closed. No one can get on it without jumpnig a fence 
at the street or going- throug-h the adjoining house. The right of 
way is built over and permanently closed. 

It is meet, therefore, that something- should l)e done in the mat- 
ter, so that a clear title and right to the i)remises shall be known 



20 lU'UTAL rT.ACF. OF r.EXF.PirT .u;\<>TJ>. 

and rosi)0('to(l. Your coimiussiouor tlierefore lniml)ly siilnnits tliis 
i'e])(n't, Mild recomnieiids such .-ictioii he taken as will free this lot 
from an eyesore, or hlemish spot, and at the same time [ilease the 
family of the o-overnor, who wish to know how far they can 
act and have oversight of tlu^ i)remises. Your connnissiouer 
thinks they will provide a fund for the perpetual care of the lot, 
when once the lot has been so declared and set a]);irt for such 
a pur] lose. All of which is most respectfully submitted by your 
commissionei' and most humble servant, 

JAMES N. ARNOLD. 



Benedict Arnold, the eldest son of William and Christian (Peake) 
Arnold, was born at Leamington, England, ])ecember 21, 1(515. He 
came to this country in 1035, sailing- from Dartmouth May 1, and 
arriving at Boston the 24:tli of June following. 

His father's family consisted of six persons, viz. : William Ar- 
nold, and his Avife Christian ; two sons, Benedict and Stephen ; 
and two daughters, Elizabeth and Joanna. By a family paper 
now in existence we learn that they came to Providence to dwell 
April 20, 1()3G. This is the oldest paper in existence where the 
name of Providence can be found, as applied to this city in Piliode 
Island. 

It is not our intention to raise (juestious either of religious faith 
or jjolitical controversy, only so far as to state points needed to 
fuller explain matters not generally known or as clearly understood 
as they should be by the well-informed of our State. 

At the time of the emigration the art of i)rinting had so far 
revolutionized society that questions of faith and the books in 
which the authority had l)een written, which before Avere known or 
understood by the ])riests only, had now become known to the 
])eople, and had been studied to such an extent that (loul)ts had 
arisen on many s])ii'itual dogmas whicli had called lorth the 



PiEPORT OF COMMISSTOXRIJ. 21 

Reformation. Tlie comniaiul or outreaty had j^'one forth, " Soarcli 
the Scripture ! " which was Ix'iii;^' faithfully done by those who could 
read the Bible. 

Amoiii;- those nations that had followed this advice Eno-land 
stood in the front rank, and the very nialce-np of this nation com- 
manded each individual t(^ act and think for himself. This trait 
has always been characteristic, /. e., the individuality, of each son 
and daughter of Eno-land ; and with such a grand rock the Ilomish 
faith could never gain such great ascendency as it could in nations 
more accustomed to defer their wishes to and on other shoulders 
than their own. 

This spirit of independence, individuality, and self-reliance ^vas 
fully at work and had been gathering force for some time previous 
to 1G35. To the more daring, it piloted them across the Atlantic ; 
there to set up a new form of government more to their own way of 
thinking. 

Among these English families that had become iml)ued with 
this principle, and had taken as well the emigration fever, were 
the Arnolds of Leamington. They were more ha])pily placed than 
many others, because they had the means to gratifj" the wash. 

After carefully considering the matter, as well as carefully count- 
ing the cost thereof, in 1(585 the plan was carried out by resolving 
to l)uild up a new family and a new individuality in the new world, 
then a wilderness, and whose great resources were not even 
dreamed of by England's most expert idealists. 

Being a family of culture, and having been surrounded for cen- 
turies with the best thought of the age as well as the best scholar- 
ship, they were in a position to understand and did as fully under- 
stand the leading qiiestions of the day, yes, better than any other 
family that came to Rhode Island at that time. 

The points in controversy with Mr. A^'illia^ns in Massachusetts 
were clear to them. The thought that came to them in England 
Avas more clearly proven here. Thej^ saw clearly that to succeed 
here with any form of government, or to band themselves under 
any compact or under any form, the first thing to be settled, and 



22 BLKlAl, I'r.ACK OF I'.FAEDICT ARNOLD. 

settlod (lefinitoly, w;is to sei);irate the fniictioiis of tlio rlinrcli and 
the State. 

Here comes in tlie first liToat coiitiict, and \wv(\ over this very 
distinction, came th(^ llrsl clash of autliority at Providence in the 
well known Yeriu case. Ovei- this very case the State and chnrch 
issue was first raised. 

The form in whicli it came u[) was whether the priest or Imshand 
was the master of the house and family. Mr. Yeriu wished his Avife's 
comi)any evenings, after he had returned from his customary day's 
Avork. He had so expressed himself to his wife, aud she had com- 
plied with the wish. Being asked why she did not attend service, 
she truthfully told the reason. Mr. Williams was the head of the 
church party, at Providence. This point is conceded. Now that 
he was placed in the same position as those Massachusetts ministers 
were, he had a chance to show his mettle, and just how much of a 
spiritual t^a-aut or liberal leader he could he. This will also be 
conceded, \Yliat did he do in this case? Nothing. So far as I 
have yet read, Mr. AVilliams is silent; aud not a word, pro or con, 
has been recorded as his opinion in the matter. 

William Arnold, on the other hand, stood up for Verin and man- 
fully defended him in the matter. He held, as long as Yerin aud 
his wife were agreed in the matter, and as long as they conducted 
themselves as respectal)le people should, that the matter of worshij) 
was theirs to do in such manner and form as best pleased them. This 
further interference of the priest, under any form or through any 
pretext, direct or indirect, was oue of the great reasons that had 
compelled them to set u]) a home here in this wilderness, where 
they could be free from this very interference. 

The position lie took formed the two parties. The church, Mr. 
Williams, leader; the State, Mr. Arnold, leader. 

The civil compact that soon folloAved this affair can uoav be seen 
came from this Yerin matter. The compact showed certainly the 
strength of the State party by the signatures, and while Arnold's 
name is not there, he being pi'obably at Boston at this time, his 
sou Benedict |>laced his name on this i)aper, now immortal as the 



RErORT OF COMMISSIONER. 23 

first puMic declaration of eternal separation of chnroli and State 
as referring' to civil and political aifairs. 

It will here be seen that the idea of this seiiaraiion was not an 
idea of Mr. Williams, bnt of Mr. Arnold. It is an honor, there- 
fore, for me to record that the first time the name of the snbject 
of this sketch appears on a pnblic i)aper it appears on one of a 
character like this, and to know that he and his father are its 
authors. 

AVhether the commencement of the coolness between Arnold 
and Williams arose from this difierence only, or came fr(nn the 
natural jealousy that one leader has for a rival, or from a still 
latter development, or Avhether the three had their part, the 
reader may decide to suit his judiiinent. 

In the separation matter, AYilliams was l)adly defeated, as is 
self-evident to any discernino- mind who has once o-rasped the 
true facts in the case and weio-hed them as he should. 

The next (piestion to test the leadership of Mr. Williams, and 
to test his honor as well, was the matter in the procuration of the 
Indian deeds. The charge that Harris made on Williams's honor 
was the keynote of that great controversy. Apologists for 
Williams have misrepresented or totally ignored Mr. Harris's 

claim. 

This is a poor way to build up a reputation for any one. So 
long as the land question is left silent, and not even referred to, 
then so long is Mr. Williams's leadership safe. The moment, how- 
ever, some of these things are looked at in their true light, then 
his leadership can be called into question seriously. 

The Providence land question now comes forward, and comes in 
such a manner that even Mr. Williams's most devoted apologists 
have not dared to take it up and defend him. As the Arnold 
family were the largest landholders in the State, of course this 
question was of vital interest to them. They became from the 
first the leaders on this questitm. 

The remark said to have l)een made by Mr. Williams's son Daniel, 
when his father became an old man and very infirm, that "had Mr. 



24 Bl'inAL PLACE OF BENEDICT AHNdLD. 

A\ illiains been so sliicwd and so fHi-sinhteil us some others liad 
beeu, to-day tliey eould have been liis servants, and not liis 
masters," has a similar meaning' when once the land question is 
critically looked into. 

In this question, as will !)»■ (|uiekly seen, the subject of this 
sketch was vitally interested, as his family were the lar<4est land- 
hohh'rs in the State at the time. 

The deed from Canonicus and Mionton(mii is to Eo^er Williams 
alone, as Avill be seen ])y looking- at the said instrument. 

It now appears, by an ag-reement printed on page 20, \()\. I, 
Colonial Eecords of Rhode Island, that he agreed with his twelve 
partners to procure a deed of those lands l)etween the two rivers, 
and had agreed to pay the Indians £80 for the same. By his 
receipt at the bottom of this page it appears twT)-tliirds, practically, 
had l)een paid in by his receipt for £18 lis. ;}d. 

Now comes in the initial deed of Mr. Williams, Avliich was a 
curious deed to say the least. I would like to have an answer, 
from any one of Mr. Williams's apologists of to-day, to just this 
question: "Would he be satisfied with such a deed, and would he 
consider his agent was treating him honestly in giving- him such a 
one?" In other words, can a g-ood conveyancer l)e named to-day 
Avho would recommend, or even countenance, such a deed for a 
partnership conveyance ? 

The answer is certainly, "No!" It Avas natural, then, that Mr. 
Williams's partners were not satisfied with it. It was not until 
nearly thirty years had passed that a deed was had from him that 
proved satisfactory. 

If a historian can venture an o|)inion ujion such a fact, it would 
be that in all fairness, after he had procured the deed from the 
Indian chieftains, he then should have, within a reasonable time 
thereafter, transferred to his partners the very paper he did thirty 
years after so transfer. Thirty years Avould not be considered 
a reasonable time by any one conversant in law. A more reason- 
able time would be within six months— would look more in har- 
mony'. 



RETORT OF COMMISSIONER. 25 

111 one sense the townsliip was h partnership, in another sense it 
was not. Mr. Williams's course was such that a difference soon 
arose, which became bitter, as the Harris ei>isode demonstrates. 

To show that these men were not g-oini;' to be aj^ain led into any 
misunderstanding;' about their deeds, we call attention to the 
Lo<iusuquiset deed of l(i4(i, wdiereiu it is written, "I ()usanie(]uin 
Chief Hachem — do make over unto Eoger AVilliams and (Iroooiy 
Dexter iuhal)itauts of Providence, together with all those inhabit- 
ants of Providence, that hath or shall join in this purchase." Col. 
Rec. of R. L, Vol. I, page 31. 

In the Portsmouth deed Canonicus and Miontonomi sell to Mr. 
Coddiugton and his friends united wdth him. Ibid, page 45. 

In the Warwick deed Miontonomi sells to Piandall Holden, John 
Greene, John Wicks, Francis W^eston, Samuel Gorton, Richard 
Waterman, John AVaruer, Richard Carder, Sampson Shotten, 
Robert Potter, William Waddall. Ihkl, page 131. 

If the reader cares to go further, it will be seen that all Indian 
deeds covering Rhode Island territory are drawn direct to the 
partners, and not one to the agent, except this siugie one of Mr. 
AVilliams's. 

It will be noticed that the partners each wanted to kuow^ just 
where his share Avas, and to so have it that he could dispose of it 
as he pleased aud to wdiom he pleased and wdien he pleased. The 
deeds we have cited, as soon as the surveyor had determined the 
lines, were so allotted that each man knew his own, excepting- Mr. 
AVilliams's, of Providence, only. 

Mr. Williams's deed, by being surveyed in the way it w^as, led 
first to the separation of the Providence Company. The tow^uship 
of Mashapaug or that part of new city of Providence covered by 
a line following the course of the Wouasquatucket river from 
Manton to its mouth at Fox Point, if it can be carried down so 
far, a north and east line ; all south and w^est, therefore, came in 
for a new division. But before this had gathered strength enough 
to l)e a trespass it was seen Mr. AVilliams had covered it, so they 
moved so far south as to take in that land lying- between AVilliams's 

4 



26 BURIAL I'LACE OF BENEDICT ARNOLD. 

line from Field's Point to Pocassctt north l)en(l and the Paw- 
tiixet river. The toAvn of Mashapang hereafter became town of 
PaAvtuxet and caused Mr. Arnold's removal from Mashapaug- to 
PaAvtnxet. 

The men of Pawtnxet, who helong-ed also to the Providence 
Company, as did also their men concerned in the Loqiiesqueset 
purchase, insisted that the deeds should distinctly name the 
grantees, which it did, as we have shown. 

Mr. Williams's chief reason for delay, among- others, was to de- 
termine if the Indians themselves understood a land conveyance 
in the same light as the English did — a good and strong reascm 
for delay. He busied himself for years learning tlieir language 
and making notes thereon. 

These notes he interpreted into his key to the Indian lan- 
guage. 

AVhile Mr. "Williams was doing this his partners were not idle 
])v any means. Benedict Arnold, for one, Avas as good an Indian 
scholar as Williams : there can be no disputing that point when 
his life is fully understood. Thomas Stanton's knowledge of the 
Indian language can be also cited, and from the fact that he held 
the office of Indian interpreter, and not a Rhode Islander exactly, 
he had strong reasons for knowing and learning the Narragansett 
tongue. Abundant proof is shown that others of the colonists, 
besides these named, had early obtained a knowledge of this 
tongue. 

If Mr. Williams relied only on this as an excuse, it Avas availa- 
l)le only for a very few years at the most. 

Gorton threw in another fire-brand when he raised the (juestion 
of authority. This (question Mr. AVilliams settled l)y hastening to 
England for the "patent." A\'1h'1i he returned witli this, there 
was another strong dissent and dissatisfaction, for he had wiped 
the Portsmouth and Newport colony entirely out and called tlie 
colony simply Providence Plantations in the Narragansett Bay in 
New England. Please look this paper up, dear reader, in the 
Colonial Eecords. 



IlErORT or COM.MTSSIOXER. 27 

That eacli of tlio four towns liad (Miual aiul exact power and 
privileg-e was all that- gave the " ])ateiit " a trial. 

It is needless to go lieyoud here into details, but this much is 
in order— that when a uew charter was wanted, Mr. Williams did 
not go alone ; things wen^ liiitter uudei-stood tliis time, and ]m)- 
vided for. 

By now referring to the Providence land contrcnersy, Mr. Wil- 
liams's apologists have stated that many of the Pawtnxet or Harris 
papers were lost with Mr. Harris. Does any one think that Mr. 
Harris was so thoughtless as to take the only i)apers with him, 
and thus endanger his whole (>state in case any thing should haj)- 
pen to him ? If he does, then dismiss that thought ; because Mr. 
Harris was one of the best business men in the colony. He had 
a good understanding of the law, and was a line penman. AVhile 
it nniy be a fact that he had a few originals, it may he assumed 
good copies were left ])ehind when he went to Euro])e, and that if 
these afterwards w^ere lost, then he is not chargeable, but his heir 
and custodian. 

Whatever has been said al)out Mr. Harris not complimentary we 
have no wish here to refer to. It is only the part he played in 
this land question, in insisting upon Mr. Williams giving him and 
his companions a proper conveyance so that they might transtei-, 
sell, or otherwise dispose of their share without having a cloud 
upon it or its legality questioned. By insisting that the initial 
deed was not a deed or not a satisfactory deed we do not see 
wherein he was wrong, and we think Mr. Williams was not doing- 
right himself in not giving his deed in a proper manner in a rea- 
sonable tune after he had got his own from the Indian chiefs. 

Mr. Harris Avas a man of strong passions, and of just such a tem- 
perament as to sternly insist on the contract being carried out as 
agreed. 

The Arnolds sided with Harris in the matter of the initial deed, 
and thought it not a satisfactory paper. Mr. Williams's continual 
refusal or neglect to Avrite a uew deed did not tend to harmonize 
matters, but rather made things so much the more complicated. 



28 lU'lUAL PLACE OF BENEDICT AlfNOLD. 

AVe have now to write out tlie result : Providence as a colony 
was killed, and became another failure ; Warwick, Pawtuxet, Lo- 
ciusquesset, Eehoboth settlements, flourished ; Providence did, so 
long- as it did what the other colonies did — arrange their land 
matters in such a wa}' as to l^t each know liis own as soon as his 
deed was in his jiossession. 

To still further clinch this thought, we beg to refer the readers 
to the Providence records themselves ; and very particularly do 
we refer to that })ortion of them called "Land Evidence," and to 
the date of the recording of that evidence. We also refer to that 
recorded evidence where the selectmen record the fact of ruin and 
disaster, and seem to lament they were not as prosperous as the 
other surrounding colonies in Rhode Island. 

The Arnold family, in my view, did just the right thing. They 
and Mr. AVilliams parted comi)any. They, with others, procured a 
deed of the Indians, and then divided the purchase without delay, 
so that each one knew just what was his. As to the wherefore of 
Mr. Williams's conduct in withholding the deed so long-, we know 
nothing more than the good excuse that we have above named, 
and another : from the nature of the case strong words must have 
been passed betAveen the parties concerned, which planted the 
bitterness of opposition deeply on l)oth sides. Mr. Williams grew 
obstinate and did not do what he was urged to do until he saw 
ruin so clearly defined l)efore him that he had even in self defence 
to do Avhat he should have done nearly thirty years before. 

As we have taken up so much space over this deed it may be 
well, now that the reader's curiosity is aroused, to insert here the 
deed itself, as printed in Colonial Ilecords 1, page 11). 

"]SrKM()iJAXDUM— Tliat I, II. ^y., liuving formerly purchased of Canoni- 
cus aiitl Miautouomi, tliis our situation or plantation of New Providence, 
viz., the two fresh rivers Wonas and Moosli, and tlic s-rounds and meadows 
tliereupon, in consideration of i';>(» received from the inliahitants of said 
place, do freely and fully pass, grant, and make over ecpial right and 
power of enjoying and disposing the same grounds and lands unto my 
loving friends and neiglilxirs S. W., W. A., 'I'. .1., I J. ('., J. (i., .1. T., \V. It., 



PiEPOirr oi' ('()M-\ussi(»XEr.. 29 

W. r. T. ()., F. W., K. W. and E. 11., and siicli olliers as the major part of 
us sliall admit into tlie same fellowship of vote with us. As also 1 do 
freely make and pass over equal ri^^ht and ixiwcr of eiijoyini- and dispos- 
ing- the said land and ground reacliiii,^ from the aforesaid rivers into the 
<jreat river Pawtuxet, with the grass and meadow thereupon wliieii was so 
lately given and granted by tlie two aforesaid sachems to me. Witness my 
hand K. W." 

This was dated Providenep, 8tli (if Stli moiitli, 1(;:3S (October 8, 
1()38). Mr. Williams's full deed is dated Providence, 22d lOtli 
moiitli, 1GG() (December 22, 1(')(;(')). lu this latter deed the names 
are written out as follows : Stutely Westcott, Pvobert Cole, John 
Greene, John Thrickmorton, William Harris, William Carpenter, 
Thomas Olney, Francis Weston, AVilliam Arnold, Thomas James, 
Kichard Waterman, and Ezekiel Holy man. 

What caused this change in Mr. Williams ? The coming- disaster 
that was inevitable and the despair that possessed the settlers of 
ever getting- the wrong righted. Already had the setttlement lost 
its wealthiest and most influential members. Plans had been ma- 
tured for a second great emigration from the place to Oyster Bay, 
while others were thinking of moving elsewhere in the colony 
limits. Every one of the settlements was growing but Provi- 
dence, for a few years previously an order had l)eeu passed ])y the 
Providence freemen (March, 1GG2), in open town meeting, that the 
land evidence be recorded in the town book and also in the book 
of the general recorder. 

This brought up the old question in all its old vividness and 
strength. The questicui was now seriously asked by each sup- 
posed land-holder how he could record a conveyance that had no 
warrantee Ijehind it. In other words, could his deed be a good 
one when his own purchase was questioned? The emigration 
fever, the deep unrest, the loss of influence, the marks of disre- 
spect ever shown, all so alarmed Mr. Williams that he yielded and 
did what he should have done nearly thirty years before. 

Mr. AVilliams's aiiologists may say what they will : yet they can- 
not wash out the fact that Mr. Williams \\as in this matter a very 



30 BUItlAL PLACE OF Jii:XEr)ICT AlJXOLl). 

iimvise as well as a very unpractical man. One in liis position 
sliould have had a ])ncle in g-ivinii- as o-ood o-narantees as that of 
any other colon\'. He never shonld have driven away fi'oni him 
liis ahlest men. He should have attracted them towai'ds him and 
have striven to build np a confidence in his leadership and not the 
distrust which he did so effectively. 

Among' those he drove out were the Arnolds. Benedict went to 
NeAv])ort, Avliere at once he was ])laced in otlice of trust and re- 
s])onsil)ility for near a (piarter-century. He was a leading man in 
the counsels of the colony, and most of the time its chieftain. 
His method of business attracted settlers. The}- kueAv just what 
they were i)urcliasing, and just what dangers there were to dispute 
the title. Had this man been allowed to do for Providence what 
he did for Newport, then methinks the history of this plantation 
would now have had a ditterent reading. 

A great stress has been laid upon Mr. AVillianis as a i)eace- 
maker, reorgauizer, diplomatist, and business man. I do not want 
to be too set, or opinionated, l)ut the more I have studied that 
period (^f history, the further I have drifted from Mr. Williams. 

I have shown in the Yerin case that Mr. Williams has left no 
recorded opinion. In the matter of State and church he has left 
alsf) no recorded o|)inion, while the Arnolds stood forth as its 
authors and champions: so they, and not Mr. Williams, are the 
authors of "soul liberty;" hence, therefore, honestly and justly 
entitled to that high honor. 

AVhat has been before written has l)een to ])rove the more con- 
clusively what we have now to write — to the more conclusively 
show that if Mr. Williams, for what he has done, is justly entitled 
to the honor that is to-day ])aid to his name and memoiy, then 
lot^ically what one did that eciualled if not excelled Mr. Williams 
should entitle him also to have a meed of hoiKU' as his just and 
honest due. 

Having now shown that l^rovidence Avas a failure as a settle- 
ment under the Williams leadei'ship, if it can be so assumed, and 
|)roving it by refcri'ing to the recorded evidence in the records of 



RErOUT OF COMMISSIONER. 31 

Providence itself, Avliere the fact is so acknowledged, it is now 
pertiuent to prove that our hero did not fall into similar hlunder- 
iuji-, or mistakes, if that word is better. 

Mr. Eyder, in No. 4, Second series Rhode Island Historical 
Tracts, produced a pamphlet "Concerning' the Forg-eries of tlu; 
Sachem's Deed."' This tract was attempted to be answered, but 
it did not remove the ugly charges Mr. Eyder made. How far 
these ugly facts that Mr. Ryder points out intiueuced Mr. AMlliams 
in his "initial deed" cannot now be determined; biit if we as- 
sume Mr. Williams wanted to be "tricky" and "do" his "living 
friends" did he not therefore try it on first with the sachems? 
and his wait was to see how long it would be before they, too, 
would tind it cnit. We write the above thought to show how Mr. 
AVilliams's great diplomatic land scheme has been looked upon by 
one critical historical scholar of to-day. We now ask wherever 
has a land transaction that the Arnolds negotiated with those 
same sachems been similarly handled to-day? Where Mr. 
Williams wrote one deed they wrote scores ; and where has any 
of them been questioned? Here is thrown into the faces of Mr. 
Williams's apologists a direct challenge to jn-oduce the proof, that 
Mr. Ryder' may ])erform the like service towards them. 

AVe now will reach up a little higher, and show how our hero 
did business. 

NYlien the charter of King Charles was promulgated here as the 
supreme law of the land, Benedict Arnold was named governor. 
With him were named assistants of his way of thinking, so that his 
party controlled all legislation; ajid his party, therefore, was 
responsible, and should l)e so held, for all mistakes, oversights, or 
blunders. The fame or infamy was theirs, and theirs only. 

If, now, this charter proved as disastrous as Mr. Williams's 
"patent," both parties could divide honors. The "patent" never 
Avas satisfactory from the first. The four towns divided for two 
years over it, and reunited only until a more satisfactory one could 
be had from the king, which delay was caused by the disturbed 
state of political affairs at home. 



32 BFRIAL PLACE OF BENRIIICT ARXolJ). 

How was the cliarter received? In the same way as the "patent" 
had l)eenV AVe refer the curious readei' to the two records. The 
first was very unsatisfactory, as the Coh)nial llec(U'ds as printed 
clearly show. The cliarter Avas wanted, to see how it would work. 
As the years passed in their re<^ular course the people had more 
and more respect for their «4reat State paper. A g-reater compli- 
ment cannot be paid that State paper than tliis : from July 4, 1776, 
to May, 1843, the peoi»le of this State lived under it, preferring- it 
to auy of the State constitutions adopted by the other States of 
the IJnicm. Not one other of the so-called "royal charters" has 
had this honor bestowed upon it. 

A\ asliington has been referred to as a gvreat statesman. Upon 
what grounds, may we ask? Was he not the first President, and 
did he not set up in his administration the working of the national 
constitution? True. Did it not take wise judgment and great 
skill to do it successfully? True. Then upon these grounds has 
he shown his statesmanship and al)ilities as a political leader and 
chieftain, just as clearly as he demonstrated his great military 
skill and ability during the war of the Revolution. 

If this question has ])een properly answered b}" these remarks, 
then why not apply the same measure to our first administraticui 
under the charter, and acknowledge that our first g-overnor proved 
his statesmanship and ability under like circumstances. 

By so nominating him the king- acknowledged he was the most 
able man in the colony to do the work assigned him. The king-, 
in sizing- up the two men, gave Williams the inferior jiositiou. 
AVliile he was the older man, being now in the sixties, he had not 
shown the administrative abilities of the yoiing-er man. 

In setting up, therefore, the charter government successfully, 
our governor is justly entitled to high honor. That he held his 
position is proven by the public })ositions he held while a resident 
of Newport. That he was a man of influence can be shown at that 
lieriod in Philip's war, where the then colonial administration 
passed an act to invite the ex-governor before them for his advice 
and council. Had it been taken sooner, then the disaster that did 



RF.roRT OF ro:\r:\fTssioNER. 33 

overtako tlu^ colony would liave Ixmmi avoided far l»ettor than it 
was. The fact that he Avas rii;lit is proven still more clearly l)y 
aiiain callinj;- him to the executive chair, and keepin,<^- him therc^ 
until death removed him from the position, June li), KJTS. 

That his loss was deeply felt is shown by the remai'ks of Kev. 
Mr. Hubbard, who said that his funeral was the lari^-est that had 
ever been ku(nvn in the eohmy. 

His character has remained uns})otted, his abilities cannot be 
(piestioned. There cannot be produced to-day a cjitic that has 
made himself familiar with the political questions of these (hiys 
that can stain the record of this man. There cannot bo shown a 
single transaction of real estate where his honesty has been ques- 
tioned or over which has ever been raised a contention. That Ik; 
had an oi)portunity can be shown l)y his treatment of his brother 
Ste2)lien. 

The o-()vernor, seeing- troul)le brewing and knowing the feebU^ 
condition of his father, then an aged man, persuaded him (the 
father) to take up his residence with him until the t]'oubh> should 
pass away, Avhich invitation was accepted. The old man diiul at 
his son's house in Newport, and died without a \\ill, thus throwing 
the large estate into the hands of the elder son. The venerable 
man had expressed a wish that Ste})hen should have the Warwick 
lands after his death. Benedict pledged that if anything occurred 
that made a different disposal, if he was living Stejihen should 
have just what his father wished him to have out of the estate ; 
which obligation he carried out, and in a reasonable time after his 
father's death the deed was accepted, and ne\er has been (jues- 
tioned sinc(; its execution. Compare this deed with the initial 
deed, reader, and say then who showed the l)est business tact and 
ability. Here was a paper so drawn that it could not ]>e ques- 
tioned, and none was ever raised over it. 

This treatment of his brother Stephen has done much to show 
ui) the truly noble and sterling ciualities of the man. His word 
Avas as good as his bond. Stephen had just what his father Avished 
him t(j have, will or no Avill. The same high qualities of nol)ilit\- 



34 I3U1UAL riACE OF BENEDICT ARNOLD. 

and honor were all tliroug-li his life work, both pnlilic and private. 
He set as fine an example of a pattern of what a man oug'ht and 
should he as did our venerated "VVashing-ton. He carried our 
colony throug-h as dire perils, he saved her from insult and made 
her respected by the other and neig-hboring colonies. The corre- 
spondence with both Connecticut and Massachusetts proves this to 
every candid reader who will look up and read that correspondence. 

This paper was not intended for a lecture, essay, or biography 
of our first g'overnor, l)ut is intended solely to call attention to 
the public record of the man and to especially call attention to 
his purity and statesmanship. 

Having accomplished so much, cannot we ask that the resting- 
place of such a man be respected as he wished it to be? Cannot 
Ave ask, in strict justice, that our State to-day take measures to 
more fitly and properly mark his last resting-place? 

That the honorable General Assembly may act intelligently we 
have in another part of this report siibmitted the facts regarding- 
the case in question, and trust that the honorable General Assem- 
bly will pass suitable resolutions to more carefully preserve in the 
future than has been in the past this Inirial place, and thus carry 
out his wishes, as expressed in his will, which wishes are also the 
wishes to-daj' of all his descendants, so far as I have been able to 
learn. Wherever there has lieen heard an opinion, and the gov- 
ernor's wishes knoAvn in the matter to them, they have invariably 
replied, " His wishes are our Avishes also." 



APPENDIX A. 



RESOLUTION IX KEFP^REXCE TO TIIP: P,URIAT> I'T.ACE OF 

THE FIRST (iOVERXOR OF RHODE ISLAND AXD 

FK ( ) V IDEXCE PL AXT ATIOXS. 



Re.-^olred, In view of the fact that the burial place of the tirst s'()venior 
of Rhode Island and Providence Plantations is in a very dilapidated condi- 
tion, and whereas measures have been in the past suggested by the city of 
X'ewport authorities and public-spirited citizens looking to a more pioper 
care and protection of the same, which suggestions have come to uauglit 
owing to want of proper knowledge and authority just how to act in the 
premises ; and, therefore, 

Be it liesohed, that this general assembly, in view of the distinguished 
and honorable service of our Hrst governor, that the governor is hereby 
autliorized to appoint a judicious person, wlio shall serve without com- 
pensation, to inquire into the matter and report the result of his inquiry 
at our next January session, that intelligent and proper action may be 
taken thereupon. 



APPENDIX B. 



( OL. JETJE^SITATl OLXEY'S HEPOirr. 



At the particular request of the Staff' otHcers ot the line ot this State, tlie 
subseriber begs leave to represent to this Honorable Assembly tliat in 
settliii.y of tlieir depreciation accounts with the State up to August, A. 1). 
17S0, they were not allowed the additional pay promised by several resolves 
of Congress to the Staff oflicers and' which has been allowed them shice 
that period; and that tiie luiiform i)ractice of otluu' States in settling the 
depreciation account, has been to allow the additional pay to the Staff otfi- 
cers. Wherefore, in their behalf, T request that this Assembly will now 
appoint a committee to adjust the accounts of tlie additioual pay, due to 
the Staff otlicers of this State line up to the lirst day of August, A. J). 1780; 
that the said committee hnve power to reconsider the accounts of Captain 
David Sayles and Lieutenant John fjogers. wlio did tlie duty of (Quarter- 
master and Adjutant from the lirst of August A. IX ITso, to DecemluM- tlie 
thirty-lirst A. I). 1781, inclusive, as settled in account with the State in 
February, A. 1). 178;], since wliich it appears tlicy were eacli entitled to an 
extra ration by a resolve of Congicss, wliicli ration was not iuchidfd in 
such settlements. 

I have tiie honor to ht\ witli great esteem, gentlemen, 

V(nir very ol)edient humble ijervant, 

JEHK.MIAII OLXEV. 

And the same being duly considered : 

It is voted and resolved that l']sek Hopkins, Thomas ijiinireil. and Ben- 
jamin iiourne, Esqs., be and tliey are hereby appointed a committee to 
settle and adjust the said accounts on the same princii)le as the accounts 
of the other otlicers have been adjusted; and that they report thereon as 
soon as may be. 



PiF.poirr OF co^r.'NrTssToxF.ii. 37 

The representation of .lereniiali Olney, I^s(i., late commandant of tliis 
State's Coutinental battalion, made nnto this Asseml>ly, and liis request 
that a Committee may be appointed to divide tlie r.annister Lot so called 
lying in Newport which hath been set off to the otlicers and soldiers of tlie 
said Kegiment being duly considered : 

It is voted and resolved that Tliomas (i. Hazard and AVilliam ("banning, 
Es(i., be, and they are hereby appointed a committee to divide the said lot: 
that the said committee employ a surveyor, if necessary, that Mrs. Ban- 
nister the wife of Mr. John Hannister wlfo owns one-half of the said lot, be 
notified of the time wlien they will proceed upon the said l)usiness. and 
that they report thereon to tliis Assembly at the next session. Sec Colo- 
nial Piecords, vol. X, p. s and 9. 

THE CO.AmiTTKK's I.'KI'OKT. 

The subscribers having been appointed by the Honorable the (Jeneral 
Assembly at their session in February last a committee to make i)artition 
of a certain lot of land situated in Newport, contahiing nine acres and one 
(piarter of an acre and thirty rods, as appears l)y the annexed plat, and to 
set off aiid assign the one-half part thereof to Mr. John jiannister and 
one other half part thereof to the oflicers and soldiers of the regiment late 
commanded by Colonel Izrael Angell the said lot being the lot called the 
"Mill Lot" hi the last will and testament of .lolni Bannister, deceased, 
and by him therein devised to the said John Bannister and 'IMiomas Ban- 
nister equally to l)e divided between them, wv. the said committee, having 
employed Mv. .loim (iould surveyor, to make the said plat, have agreed 
and do hereby in pursuance of our ai)pointment make partition of the said 
lot as followeth, to wit : 

That part of the said lot which is to tiie westward of the Meeting House, 
and the fence extending from the soiitlieast corner of the Meeting House 
to the northeast corner of the lot late Isaac Stelles, we have divided hito 
four lots; that part thereof fronting Spring street hounded west by the 
said street, north by a lane running easterly from the southwest I'orner of 
the said Jolni Bannister's house and lot and parallel therewitii to the said 
fence, and east by the other part of the said "Mill Lot," and south by 
the said lot of Isaac Stelles we have divided into two equal parts by a 
line through the same running from said Spring street to tlie said fence ; 
the northerly half part thereof we assign and set off to the said John 
Bannister, and the other part thereof to the said oflicers and soldiers. 

The other part of the said lot to the westward of said Meethig House, 



38 BURIAL PLAl'E OF P.F.XEDIcr AIIXOLD. 

and the said fence not included within the loinier hounds, we have also 
divided into two lots, or two e(inal i)arts, by a line from Mill street and 
extendiuj^' to the uortii line of the lirst described and Itounded lot ; the 
westerly part thereof we assign and set off to the said John Bannister, 
and the other i)art thereof to the said ofllcers and soldiers. That part of 
the said "mill lot" to the eastward of the said Meeting House and fence 
we have divided into two etpial jtarts by a line through the same from 
Mill street to the south boundary of the same ; the westerly part thereof 
we do assign and set off unto the said John Haiuiister, and the easterly 
part thereof to the said otticers and soldiers. 

And the said committee have requested the said John (ionld U) run tlie 
said lines and to minute them on the said plat accordhigly. 

THOMAS G. HAZARD. 

WILLIAM ("HAXNIXG, 

(Joijiiiiittee. 
Xewport, April 14, A. 1). 17s4. 

And tlie said report being duly considered : 

It is voted and resolved that the same be, and hereby is, accepted, and 
that the General Treasurer make and execute a deed to the officers of 
Colonel Izrael Angell's regiment of thatj:)art of the before-described lot 
assigned to the said otlicers and soldiers in tlie said report; reserving a 
way of ten feet in the lot assigned the said otiicers and soldiers to the west- 
ward of the Meeting House lot for the passing with a corpse, and repassing 
the same to and from the burying-ground witliin tlie said lot. Colonial 
Records, vol. X, }). :»() and ."iT. 



APPENDIX C. 



DEEDS AXD AGEEE]S[E^T. 



To ALL Pi:t;s()Xs to wiio^i tiiksk Pkkskxts shall (omk, I, r.anra 
W. (;il)bs, widow, and Executrix of tlie East Will and Testament of 
(Jeorge (libbs late of Sunswick in the Township of Xewtown, County of 
(^leens and State of New York, Esq-', deceased, Send Greetiuff, Whereas 
tlie said George Gibbs, hi and by said Will, authorized and empowered 
said Eaura AV. Gibbs as Executrix aforesaid, to make sale of and convey 
certain parts of his real estate either at public or private sale, as to her 
should seem meet, and to make good and sufficient deeds of bargain and 
sale thereof, to the purchasers and their heirs and assigns and in and by 
said Will did appoint me the said Eaura W. Gibbs, Executrix thereof :— 
Kxow Yk. That by virtue of the power and authority aforesaid and of 
every other power me hereunto enabling, and in consideration of the Sum 
of one thousand dollars to me paid by Augustus X. Eittlefield of the Town 
and County of Xewport & State of Rhode Island &c. Mariner, the receipt 
whereof I do hereby acknowledge, I have granted, bargained, Sold, and con- 
veyed and do hereby grant bargain sell and convey to said Augustus X. 
Eittlefield his heirs and Assigns forever, a certain Eot of Eand Situate on 
the hill in said Xewport, Bounded Easterly partly on land of tlie Unitarian 
Congregational Society, partly on the burying ground and partly on land 
of this grantee : Xortherly partly on Mill Street partly on the burying 
ground and partly on land of said I'nitarian Society : Southerly on Pelham 
Street contuiued and Westerly on land of Joshua Sayer, see plat of the 
premises in Book of Land Evidence Xo. 2 page 215, and also partition 
made by order of the General Assembly contained in same book : To 
Have and to Hold the granted premises to the said Augustus X. Eittle- 
field his heirs and assigns forever. And I the said Laura W. (Jibbs for 
myself and my lieirs, executors and administrators covenant with the 



40 ];ri;TAL place of benedict ahxold. 

said Augustus X. LiUldifld liis heirs and assii^iis tliat tlie said (ieovge. 
(;ii)l)S died st'i/.cd of tlie jjraiitcd pn'iniscs, that they are free from all iii- 
cuinbraiiees, and that I will, and my heirs, executors and administrators 
Shall warrant and defend the same to the said Ann^nstus N. Littlefield liis 
heirs and assigns forever, against tlie lawful cdaims and demands of all 
l)ersons, elaimin*:;- l)y from or under said George (iibbs or me the said Laura 
^y. (iibbs. In Testimony Whereof I have hereunto set my liand and seal 
this day of .March in the Year of our Lord, one thousand 

eight hundn'd and tliirty Kiglit. 

Sifjned, Sealed (inddcllvc red } LATRA W. (iliJBS [S] 

>■ 
i)i presence of as ) (is Executrix as aforesaid 

(!K()U(iL (ill'.r.S 

JOHN r.issKLL 

I'Mll.I) SlAIK.N OK A.MKIJU A. 

City, Colnty, and ) 

>• ss. 
State of Nkav Yokk. ) 

J}e it Known to all whom tlie same dotli or may concern, 'That I, ,loiin 
IJissell, a Tublic Notary in and for the State of 
New York, duly commissioned and afhrnied, 
dwelling in the city of New York, Do Certify, 
|shAL. I That on tlie day of the date liereof before me, 

l)ersonally appeared Laura \V. (iibbs, the signer 
and sealer of the annexed deed, to me ix^rsonally 
known : and acknowledged the same to be her 

free act and deed, and also that she executed the same as the Executrix 

of the late (leorge (iibbs deceased. 

Jn 'J'estimony whereof I have lieieunto sub- 
scribed my name and atlixed my seal of (Cilice, 
the lifteenth day of March, in the Year of our 
Lord, one tliousand eiglii hinidred and thirty- 
eight. 

JOllX iJlSSLJ.L, yolarij riiblic. 

Received into my (>tlice for recording 
Newpoit .May loth. 1S3S at 4 o'cdock 
I'. y\. and Recorded .MaylSth. 1S;)S by 

liKN.T. P.. IIOWLAXI). T<i>rn Chrk. 

IjiWuX Evidence, Jjook 22, Rage 140 ».S:c. 



REPORT OF CO.MMISSIONEi:. 41 

Articles of asTcciiu'iit ciitt'n'd into l»y and hctwecn IJicliard Swan, 
]Miclia(d Freeborn, .losepli I. yon and .losiah S. Munro, Coniniittee ot tlie 
Unitarian Con^i-regational Chnrcli in Newport of the one part, and Aii- 
o-ustus N. Littlefield of said Newport of the otlier i)art, Witnessetli Tliat 
tlie said I^nitarian Congregational ("lnuvl\ by tlieir said Committee, grant 
unto the said Augustus N. Littlelield liberty to place the line of fence, 
between the grantors and grantee, ruuumg Southerly from Mill Street as 
follows, so as to leave a passage way Eight feet clear, west of the west 
side of the foundation of the ^Meetuig House, on condition however, tliat 
the said Augustus N. Littlefield his heirs and assigns, shall forever main- 
tain a good and substantial fence of six feet in height on said land as 
aforesaid. In Witness Whereof we have set our hands at Newport this 
twenty-seventh day of September A. 1). eighteen hundred forty-two. 

AVitnesses : RICHARD SWAN, 

MICHAEL FREEBORN, 
JAMES LAWTON, JOSEPH LYON, 

BEN J. B. ROWLAND, J. S. MUXRO, 

A. N. LITTLEFIELD. 

Received tlie original of which the foregoing is a true Copy into my 
ofhce for recording Newport Sei)tember 27, 1S42, and recorded same day by 

BEN J. r>. IIOWLANI), Town Clk, 
Land Evidence, Book 24, Rage 87. 

Know all Mex hy These Presents, that I, Augustus N. Littlefield, 
of the City and County of Newport, State of Rhode Island, In Considera- 
tion of Seventeen thousand live hundred dollars, to me paid by William ]Sr. 
Bailey, of North Providence & James Y. Smith of Providence, State afore- 
said. Trustees named and appointed in and l)y a deed of settlement from 
ArazeliaCi. Potter and Charles C. Van Zandt, dated February 10th, 1868, 
and recorded in said Newport in the City Clerk's office in Vol. 87, Land 
Evidence of Newport, page 441), A:c., the receipt whereof is hereby acknowl- 
edged, do hereby give, grant, bargain, sell, and convey unto the said Wil- 
liam M. Bailey and James Y. Smith, Trustees as aforesaid, and their heirs, 
A certain tract or parcel of land, situate in said Xew^aort, bounded as 
follows, viz.: Northerly by Mill Street; Easterly, partly by the land of 
the Unitarian Congregational Society and partly by land of Philip Rider ; 
Southerly by Pelham Street ; and Westerly by land of Joshua Sayer ; 
Together with all the buildings and improvements standing and being 

6 



42 BURIAL TLACE OF BENEDICT ARNOLD. 

on said land : see i)lat of a part of the prcniises on JJook Xo. 2, of Evi- 
dence of said Newport, page iM."), and also partition made by order of the 
General Assendjly eontaincd in same hook; Being- all the real estate of 
this grantor lying between I'elliam and JSIill Streets; To IIavk and to 
Hold the same with the appurtenances thereof, unto and to the use of the 
said ^^'illialn M. fjailey and .lames Y. Sniitli, Trustees as aforesaid, their 
heirs and assigns forever. But npon, under and subject to the same trust 
and provisions, in all respects as are exi)ressed and declared in the said 
deed of settlement of, and concerning the trust premises therein men- 
tioned. And I the said grantor for myself and my Heirs, Executors and 
Administrators, do covenant with the said grantees and their Heirs and 
Assigns, that I am lawfully seized in fee simple of the aforegranted prem- 
ises ; that they are free from all incumbrances ; that I have good right to 
sell and convey the same to the said grantee and their Heirs and Assigns 
forever as aforesaid ; and that I will and my Heirs, Executors and Admin- 
istrators shall Warrant and Defend the same to the said grantee and their 
Heirs and Assigns forever, against the lawful claims and demands of all 
persons. Provided always that none of the preceding covenants shall ex- 
tend to or in any manner include as warranty or indemnity as to the title 
of the burial ground and right of way thereto included within the above 
bounds. In Witness Whereof, 1 the said Augustus N. Littlefleld, and I, 
Mary E. Littlefleld, wife of said Augustus X. fJttlefield, in token of her 
release of all right and title of dower in the granted premises have here- 
unto set oiu- hands and seals this Twenty ninth day of October in the year 
of our Lord eighteen hundred and sixty three. 



Signed, sealed and delivered 

in presence of 

I 
The Habendum, on preceding }- 

page first erased. 

A. SMITH. 



AUGUSTUS K LITTLEFIELl) j l. s. I 



MARY E. LITTLEFIELD { L. s. 



State of Rhode IsLxVnd. 

X'kwpokt ss., October 31st, 1863. 
Then personally ai)peared the within named Augustus X^. Littlefleld and 
Mary E. Littlefleld severally and acknowledged the foregoing instrument 
to be their free act and deed. 

! L. s. [ Before me, ALFRED SMITH, ruhlic Notanj. 



REPOirr OF COMMISSIONER. 43 

lleceived into my otlicc tor rt'conlinti' Xe\vi)ovt, Xovcmber 2, 18G;l, at 

seven o'eloc-k i*i; lifty minutes p. m. and recorded l)y 

JiEXJAMlX 1?. now LAX I), 

City Clerk. 
Land Evidence, Book :n, T'ase ">nL S:c. 

Know all Mex by tiiksk Presknts. That we Charles C. Van Zandt 
and Arazelia G. Van Zandt his wife, in the right of said Arazelia, both of 
the city and connty of Xewport in tlia State of Khode Island &c. herehi- 
after called the grantors, In Consideration of one dollar and other good 
and valuable considerations to us paid by John I). Johnston of said Xew- 
port hereinafter called the grantee the receipt whereof is hereby acknowl- 
edged, do hereby give grant bargain sell and convey unto the said 
grantee, all of that lot or parcel of land with the dvvelUng house and all 
other improvements thereon, situate between Pelham and Mill streets in 
said City of Xewport and boiuided and described as follows, tliat is to say, 
Xortherly on :\rill Street, easterly by the westerly line of land of Thomas 
Burlhigham and then agahi Xortherly by the southerly line of said land 
of lUirlingham, again easterly by land of Philip llider then Southerly by 
Pelham street and AVesterly by land formerly of Joshua Sayer. Being the 
same premises conveyed to William AI. Bailey and James Y. Smith, Trus- 
tees, by Augustus X. Littlefield l)y deed, dated October 20th, 1S()3, and 
recorded in ^'olume :;7 of the Land Evidence of said City of Xewport at 
page ')i>l. 

To have and to hold tlie granted premises with all the privileges and ap- 
purtenances to the same belonging, to tlie said John I). Johnston and his 
Heirs and Assigns to Ids and their use and behoof forever. 

And we the said (Irantors, for ourselves and our heirs. Executors and 
Admhiistrators subject to the exception hereinafter made do covenant 
with the said Crantee, his Heirs and Assigns, that we are lawfully seised 
in fee simple of the afore-granted premises; tliat they are free from all 
incumbrances, that we have good right to sell and convey the same to the 
said (irantee his Heirs and Assigns forever as aforesaid and that we will 
and our Heirs, Executors and Administrators shall warrant and d(>fend the 
same to the said (irantee his Heirs and Assigns forever, against the lawful 
claims and demands of all persons, excepting and provided however that 
none of the foregoing covenants and no words in this deed shall in any 
niainier inchide or imply any warranty or agreement of indemnity as to 
the title to the burial ground and right of way thereto which are included 
in the property hereinbefore descril^ed and hereby conveyed, we the said 



44 P.rniAL PLACE OF I'.ENEDICT AltXoLD. 

.Ufi-uitors meanin*^- and iiiti'iidint,'' as to said l)iiiial .unmnd and ri,t>lit of 
way tliercto to convt'V only our v\v:\\i title and intrrest tluM-ciii. In wit- 
ness whereof, we the said (iiantois hermnto set onr hands and seal this 
12th (hiy of April A. 1). IS'.io. 

CIIAKI.ES C. VAX ZAXDT. |si;al| 
AHA/KLIA (i. \'A\ ZANDT. |sk.\l| 

Signed, sealed and delivered in ^ 
presence of (the words " his" and I 
"lirst" interlined on the i!r)th. line | 
of the 1st. page) J 

CHARLES ACTON H'KS (as to both parties). 

State of Rhode Island &( . 
Xewfokt Sc. 

In tlie City of Newport in said Connty on this 1-itli day of April A. I). 
ISDO then personally appeared the above named Charles C. A'an Zandt 
and aeknowledged the foregoing instrument, by him signed to be iiis free 
act and deed. And afterward at the same time and plaee also personally 
appeared the above named Arazelia <i. \'an Zandt, wife of the said Ciiarles 
C. Yixn Zandt, and on a sei)arate examination by me privily and apart 
from her said luisband, after having said instrument shown and explained 
to her by me, slie being so apart, declared the said instrument by her 
signed, to be her voluntary aet and deed and that she did not wisli to re- 
tract the same, before me, 

[sEAEl CHARLES ACTON IVES, 

JS^otari/ I'tthlic. 

Received in Newport, R. I., for record. April Ki, ISito, at 10 h. oS m. 
A. M., and recorded same day, by 

WILLIAM (;. STEVENS, 

nti/ (lerl. 
Land I^videnee, Rook Ol, Rage 44U, ike. 

Know all Men hy these Presents, That I, John I). Johnston of tlie 
City and Comity of Newport in the State of Rhode Island &c. I\ Con- 
sideration OE Ten dollars to me in hand paid by Hiram Rurlinghani, of 
said Newport, and for divers other good and valuable considerations to me 
moving from him the recinpt whereof is hereby acknowledged, do hereby 
give, grant, bargain, sell and convey unto the said Hiram Rurlingham and 
his heirs all that certain lot or parcel of land with all the buildings and ini- 



REPOirr OF ('oM.MissroNER. 45 

provemcnts thereon sitiiati' in said City of Xewport l)oun(U'(l and described 
as follows, to wit: Jie^nnning at a point in the northerly side of Peliiani 
Street, fifty feet westerly from the southwesterly corner of land of I'iiilip 
Hider tlience running westerly seventy and 1 7/ KM) feet, hounded southerly 
l)y Pelham Street, thence running northerly at an included angle of ninety- 
three degrees and fifty-seven minutes ; one hundred and twenty-nine K 
feet, hounded westerly by other land of this grantor, tlience running east- 
erly at an included angle of ninety degrees, forty-six and (ir)/ioo feet, 
bounded Xortherly i)y other laud of this grantor to land of Thomas Bur- 
lingham, thence running Soutlierly thirty-two and '^ feet, bounded easterly 
by said land of Thomas Burlingliam, thence ruiniing easterly eleven and 
r>r)/loo feet, bounded northerly by said land of Thomas Burlingham, thence 
ruunhig southerly parallel witli the westerly line of land of I'liilip Rider, 
one hundred and two 5/10 feet to the point or place of beginning, bounded 
easterly by otiier land of this grantor. ]^.eing a part of the same premises 
conveyed to this grantor by Charles C. Yaw Zandt and wife by deed, dated 
April 12, 181)0 and recorded in A'olume (>1 of the Land Evidence of saitl 
City of Xewport at pages 449, 450 and 451. 

To Have axd to Hold the granted premises, witli all the privileges 
and appurtenances to the same belonging, to the said Iliram Hurliugham 
and his Heirs and Assigns, to their use and behoof forever. 

And I the said CIrantor, for myself and my Heirs, Executors and Admin- 
istrators do covenant with the said (Irantee his Heirs and Assigns, that I 
am lawfully seized in fee-simple of the afore-granted premises ; that they 
are free from all incumbrances, that I have good right to sell and convey 
the same to the said (Jrantee his Heirs and Assigns forever as aforesaid ; 
and that I will, and my Heirs, Executors and Administrators shall vi'arrant 
and defend the same to the said (i ran tee his heirs and Assigns, forever, 
against tlie lawful claims and demands of all persons. 

In Witness Wiierkof, T have hereunto set my hand and seal this fifth 
day of Xovember 1897. 
Signed, Sealed and dcllrered 

hi jjresence of ^-i^— v 

CHAS. H. KOEHXE, Jk. .7. 1). .TOHXSTOX } seal. J 

The State of Rhode Island, &c., / 

Xewport, 8c. ) ^'' ^''" ^^'^^ ^^ Xewport in said 

County and State on this nhith day of ( )ctober 1897, personally appeared the 
above-named John 1). Johnston, known to me and known by me to be the 



•4G liUraAL PLACE of benedict ARNOLD. 

person exfcuting the forogoiug instrument and acknowledged llie said in- 
stnunent l)y him signed, to be his free aet and deed. 
TJefore me, 

CIIAIU.KS IT. KOKITXE, Jr. 

Notiifji PiihJir. 

Received in Newport, E. T., for record, Xovember 00, LS97 at 12 li. 17 m. 
P. M. and recorded Xovember 30, ISOT, by 

WILLIAM (i. STEVEXS, 

a III Clerk. 
Land Evidence, Book 71, Pages 81 and 82. 

Know all ]Mkx hy these Presknts that I, .Tolm 1). .Tolniston of the 
City and County of X'ewport in tlie .State of Rhode Island &c. — for and in 
consideration of the sum t)f Four thousand dollars to me in hand paid by 
ITiram Burlhigham of said City of X^ewport, the receipt whereof is hei'eby 
acknowledged, do hereby give, grant, bargain, sell and convey unto the 
said Hiram Burlingham and his heirs all that certain lot or parcel of land 
with all the buildings and improvements thereon, situate in said City of 
Xewport, bounded and described as follows, to-wit : Southerly, fifty feet, 
by Pelham Street, Easterly, one hundred and eight 4/10 feet, by land of 
Philip Rider ; X'ortherly, forty-eight i»/l() feet, by land of Thomas Burling- 
ham ; and Westerly, one hundred and two ."j/io feet, by land of the grantee. 

Being a part of the same premises which were conveyed to this grantor 
by Charles C. Van Zandt and wife by deed dated April 12th, 1890, and re- 
corded in Volume 01 of the Land Evidence of said City of Xewport at 
pages 449, 4r)0 and 4r)i. 

To have and to hold the above granted i)remises with all tlie privileges 
and appurtenances to the same belonging to him, tlie said Hiram Burling- 
ham and his heirs and assigns, to iiis and their use and behoof forever. 

And I the said grantor for myself and my heirs, executors and adminis- 
trators, do covenant with the said grantee and his heirs and assigns that 
I am lawfully seized in fee simple of the aforegranted i)remises : that they 
are free from all incumbrances : that I have good right to sell and convey 
the same to the said grantee and his heirs and assigns forever, as afore- 
said ; and that I will and my heirs, executors and administrators shall 
warrant and defend the same to the said grantee and his heirs and assigns 
forever against the lawful chiiins and demands of all persons, excei)ting 
and provided however that none of tiie foregoing covenants, and no words. 



REPORT OF COMMISSIONER. 47 

in this deed shall in any niaiinci' inchidc or imply any warranty or agree- 
ment of iiidcnmity as to the title of the hnrial t^Monnd and rifjht of way 
thereto whieh are inchided in the projuMty hereinbefore described and 
liereby conveyed, 1 the said grantor meaning and intending as to said 
burial ground and right of way thereto to convey only my right, title and 
interest therein. 

And for the consideration aforesaid I, Katherinc Johnston, wife of the 
said John 1). Johnston, do hereby release and (niit-claini to the said Hiram 
Burlingham and his heirs and assigns forever, all my right of or to dower 
in the granted'premises. 

In Witness Whereof, we have hereunto set our hands and seals this 
seventeenth day of October, I'.toO. 

Signed, sealed (Dtd deUrered} JOHN 1). JOHNSTON, |skai..] 

i)t presence of j KATHERINE JOHNSTON, [seal.] 

CHARLES H KOEHNE, Jr. 

State of Khoue Island, &v. 
Newi'okt, Sc. 
In the City of Newport, in said County and State, on this seventeenth 
day of October, 1900, then personally appeared the above named John 1). 
Johnston and Katherhie Johnston, his wife, each and both known to me 
and known by me to be the persons executing the foregoing instrument 
and severally acknowledged the said instrument, by them signed, to be 
their free act and deed. 

T3efore me, 

CHARLES II. KOEHNE, Jr. 

Notary Public. 

Received in Newport, R. I., for record, October 17, lUOO, at ;5h. .j5 m. 
v. M., and recorded October 19, 1900, by 

WILLIAM G. STEVENS, 

City Clerk. 
Land Evidence, Book 77, Pages 77, 78, and 79. 



Library of Congress 



